HM Compounding Services LLC et al v. Express Scripts, Inc.

Filing 287

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion for Extension of Time to Take Depositions and Respond to Defendant Express Scripts, Inc.'s Motion for Summary Judgment #286 is GRANTED.. Signed by District Judge John A. Ross on 5/24/16. (KKS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

HM COMPOUNDING SERVICES, LLC,
and HMX SERVICES, LLC,
Plaintiffs,
v.
EXPRESS SCRIPTS, INC.,
Defendant.

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No. 4:14-CV-1858-JAR

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiffs’ Motion for Extension of Time to Take
Depositions and Respond to Defendant Express Scripts, Inc.’s Motion for Summary Judgment.
(Doc. No. 286)
On May 6, 2016, the Court granted in part Plaintiffs’ Motion to Compel and ordered
Express Scripts to produce the 14,000 pages of documents it had previously withheld as nonresponsive or identify why those documents are non-responsive. The Court also ordered Express
Scripts to produce any attachments referenced in documents previously produced and to be
produced by Express Scripts, and allowed Plaintiffs to take two additional depositions, all before
responding to Express Scripts’ pending motion for summary judgment. The Court gave the
parties up to and including June 6, 2016 to complete this discovery, and up to and including July
6, 2016 for Plaintiffs to respond to Express Scripts’ motion. (Doc. No. 285)
Plaintiff asserts that to date, Express Scripts has not yet produced the documents or
attachments, leaving it less than two weeks before the June 6 deadline to review the documents
Express Scripts produces (assuming Express Scripts produces them in the next few days) and

schedule and take the two additional depositions. Plaintiffs request an extension of the discovery
deadline, up to and including July 6, 2016, and the deadline to respond to Express Scripts’
motion for partial summary judgment, up to and including July 25, 2016. Upon consideration,
the Court will grant Plaintiff’s request.
Accordingly,
IT IS HEREBY ORDERED that Plaintiffs’ Motion for Extension of Time to Take
Depositions and Respond to Defendant Express Scripts, Inc.’s Motion for Summary Judgment
[286] is GRANTED.
Dated this 24th day of May, 2016.

JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

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